Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: November 20, 2024

CASE NO(S).: OLT-24-000908

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant/Appellant: 1934-1938 Bloor St. W. Ltd. & 1930 Bloor St. W. Ltd.

Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision

Description: To permit redevelopment of the Property with a 17-storey mixed-use building.

Reference Number: 24 121126 STE 04 OZ

Property Address: 1930-1938 Bloor Street West and 3, 5 and 21 Quebec Avenue

Municipality/UT: Toronto

OLT Case No.: OLT-24-000908

OLT Lead Case No.: OLT-24-000908

OLT Case Name: 1930 Bloor St. W. Ltd. et al. v. Toronto (City)

Heard: November 6, 2024, by Video Hearing

APPEARANCES:

Parties Counsel

1934-1938 Bloor St. W. Ltd. and 1930 Bloor St. W. Ltd. c/o Clifton Blake Asset Management Ltd. David Bronskill

City of Toronto Ray Kallio Uttra Gautam

memorandum of oral DECISION delivered BY STEVEN T. MASTORAS ON November 6, 2024, AND ORDER OF THE TRIBUNAL

INTRODUCTION AND BACKGROUND

1The matter before the Tribunal was a first Case Management Conference (“CMC”) relating to appeals pursuant to s. 34(11) of the Planning Act (“Act”) as the result of the City of Toronto (“City”) refusal or neglect to make a decision on an application to permit a Zoning By-law Amendment (“ZBA”) related to the property municipally known as 1930-1938 Bloor Street West and 3, 5 and 21 Quebec Avenue (“Subject Lands”).

2More specifically, 1934-1938 Bloor St. W. Ltd. and 1930 Bloor St. W. Ltd. c/o Clifton Blake Asset Management Ltd. (“Appellant” / “Applicant”) is seeking the ZBA to the Toronto Zoning By-law No. 569-2013 (“ZBL”) with respect to the Subject Lands.

3The Subject Lands are located on the northeast corner of Bloor Street West and Quebec Avenue, within the High Park North Neighbourhood in the City. The Property has approximately 30.4 metres (“m”) of frontage on Bloor Street West and is approximately 1,437.2 square metres (“m²”) in size. They are currently occupied by an assembly of the following:

1. 1930-1932 Bloor Street West: consists of a two-storey brick house containing four residential units;

2. 1934-1936 Bloor Street West: consists of a two-storey brick building containing five residential units;

3. 3-5 Quebec Avenue and 1938 Bloor Street West: consists of a three-storey mixed-use building with at-grade commercial uses and three residential units above grade; and,

4. 21 Quebec Avenue: consists of a three-storey detached commercial use building.

4The Appeal is seeking the Tribunal’s approval of the ZBA regarding the Subject Lands permitting a 17-storey mixed-use building containing approximately 144 dwelling units with a combination of rental replacement and market rental tenure units, and base building heights of four and six storeys. The total proposed commercial gross floor area is 379.8 m², and the total proposed residential gross floor area is 13,586.8 m², resulting in a net floor space index of 9.72. The Application seeks to provide vehicular access from Quebec Avenue, along with northerly driveway access.

5The Subject Lands are supported by high-order transit, as they are located immediately adjacent to High Park Station and are approximately 650 m from Keele Station along the Bloor/Danforth subway line. The Applicant notes in their submissions that the location is within the High Park Protected Major Transit Station Area, and that a Natural Heritage Impact Study (“NHIS”), dated February 26, 2024, are both important reference points in support of the Application and the City’s Housing Action Plan.

6A City Planning staff report (“PSR”) dated April 19, 2024, recommended refusal of the Application, which was adopted by the City on May 22, 2024. The PSR also contained a series of other recommendations, and a number of proposed Interim conditions in the event of a resolution between the Parties.

7An Affidavit, providing Notice of this CMC, sworn by Renata Ribeiro on October 10, 2024, is marked as Exhibit 1.

STATUS REQUESTS

8The Tribunal was in receipt of a total of five (5) written Participant Status Requests including the following individuals:

• Barbi Lazarus, received October 18, 2024;
• Chris Townsend, received October 25, 2024;
• Diana Jardine, received October 22, 2024, and on behalf of the High Park Tenants Association;
• Susan Di Grappa, dated October 20, 2024; and,
• Lenka Holubec, dated November 1, 2024.

9Concerns from each of the requested Participants are consolidated below, and include but are not limited to the following issues:

a) Inconsistency with the Provincial Planning Statement 2024;

b) Lacks the appropriate regard for the Act;

c) Does not conform with the City Official Plan;

d) Conflicts with the Bloor West Village Avenue Study (“BWVAS”) approved by the City on June 26, 2018, and its guidelines recommending up to eight storeys;

e) Built-form and massing, and tall building impact in an existing high density area;

f) The preservation of neighbouring parkland, provincially significant wetland, Grenadier Pond, bird migratory issues, at risk tree species, and other environmental and natural heritage issues;

g) Proximity to High Park Areas of Natural and Scientific Interest (“ANSI”) in High Park;

h) A series of disagreements with the NHIS which does not resolve community concerns;

i) Pedestrian/cycling safety, and pedestrian access points to transit noting the proposal is at a very busy location; and,

j) The significance of Official Plan Amendment 419 which requires visual and physical connections to the natural environment and High Park and vegetative connections with High Park.

10Counsel for each of the Parties did not express concerns or objections to these requests, and the Tribunal conferred Participant status to Barbi Lazarus, Chris Townsend, Diana Jardine, Susan Di Grappa, and Lenka Holubec.

HEARING REQUEST AND PROCEDURAL ORDER

11The Parties agreed that a five-day Hearing would be appropriate in the spring of 2025, and the Tribunal directed that a Hearing is scheduled to commence on Monday, March 10, 2025, to Friday, March 14, 2025, beginning at 10 a.m. by video.

12Parties and/or Participants and/or Observers are asked to log in to the event at least 15 minutes before it begins to test their video and audio connections:

GoTo Meeting: https://global.gotomeeting.com/join/709076365

Access code: 709-076-365

13Parties and/or Participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoTo Meeting or a web application is available: https://app.gotomeeting.com/home.html

14Persons who experience technical difficulties accessing the GoTo Meeting application or who only wish to listen to the event can connect to it by calling in to an audio-only telephone line: +1 (647) 497-9373 or (toll-free) 1-888-299-1889. The access code is: 709-076-365.

15Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the event to ensure that they are properly connected at the correct time. Questions prior to the event may be directed to the Tribunal’s Case Coordinator.

16The final draft Procedural Order was submitted on consent of the Parties, dated November 7, 2025, which is hereby approved by the Tribunal, will govern future proceedings of the matter and is set out below as Schedule 1 to this Order.

17The Tribunal was also encouraged by the willingness of both Parties to pursue Tribunal-led mediation/settlement discussions, or through alternative options for resolution of the matter and will keep the Tribunal updated on their efforts in this regard.

ORDER

18THE TRIBUNAL ORDERS that:

a) The date and particulars of the Hearing are set out above; and,

b) All other directions provided in this Decision are so ordered, and are in force and effect.

19The Member is not seized on this matter.

20There will be no further notice.

“Steven T. Mastoras”

STEVEN T. MASTORAS

MEMBER

Ontario Land Tribunal

Website: www.olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248

The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.

SCHEDULE 1

CASE NO.: OLT-24-000908

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant/Appellant: 1934-1938 Bloor St. W. Ltd. & 1930 Bloor St. W. Ltd.

Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision

Description: To permit redevelopment of the Property with a 17-storey mixed-use building.

Reference Number: 24 121126 STE 04 OZ

Property Address: 1930-1938 Bloor Street West and 3, 5 and 21 Quebec Avenue

Municipality/UT: Toronto

OLT Case No.: OLT-24-000908

OLT Lead Case No.: OLT-24-000908

OLT Case Name: 1930 Bloor St. W. Ltd. et al. v. Toronto (City)

PROCEDURAL ORDER

1. The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the Parties’ request or its own motion.

Organization of the Hearing

2. The hearing will begin on March 10, 2025, at 10:00 a.m. as directed in the Tribunal's Decision and Order.

3. The length of the hearing will be five (5) days. The Parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues, where possible. The procedural order deadlines are generally found in Attachment 1.

4. The Parties and Participants identified at the Case Management Conference are listed in Attachment 2 to this Order.

5. The Issues are set out in the Issues List attached as Attachment 3 to this Order. The Parts will attempt to resolve the issues prior to the hearing on the merits of the appeal. There will be no changes to the Issues List unless the Tribunal permits, and a Party who asks for changes may have costs awarded against it.

6. The order of evidence is set out in Attachment 4 to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on the Parties' consent, subject to the Tribunal’s approval, or by Order of the Tribunal.

7. Any person intending to participate in the hearing shall provide a mailing address, email address and a telephone number to the Tribunal. Any such person who retains a representative must advise the other Parties and the Tribunal of the representative’s name, address, email address and the phone number.

8. If the hearing is to proceed electronically, any person who intends to participate in the hearing, including Parties, counsel and witnesses, is expected to review the Tribunal’s Video Hearing Guide, available on the Tribunal’s website (https://olt.gov.on.ca/guides/).

Requirements Before the Hearing

9. A Party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other Parties a list of the witnesses, the expert witness(es)' curriculum vitae and Acknowledgement of Expert Duty form(s), and the order in which the witnesses will be called. This list must be delivered at least on or before December 13, 2025. For expert witnesses, a Party is to identify the area of expertise in which the witness is proposed to be qualified. Any challenges to the witness, including qualifications of a witness to give opinion evidence in the area of expertise proposed shall be made by motion in accordance with the Tribunal’s Rules and notice of same must be served on the other Parties on or before December 20, 2025.

10. Expert witnesses in the same discipline(s) shall have at least one meeting before the hearing to try to resolve or reduce the issues for the hearing. The experts shall prepare a list of any agreed facts and the remaining issues to be addressed at the hearing and provide this list to all of the Parties and the Tribunal on or before January 17, 2025, if agreement is reached.

11. An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing, and the curriculum vitae and Acknowledgment of Expert Duty Form previously provided as in Section 9. Copies must be provided as in Section 14. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony. For greater certainty, each expert witness statement must comply with the minimum content requirements specified in Rule 7 of the Tribunal’s Rules of Practice and Procedure. If the expert witness has prepared any report(s) that they intend to rely on at the hearing, and which did not form part of the submissions made to the City, such report(s) shall be provided to the other Parties at the same as the delivery of expert witness statements, as in Section 14.

12. A witness or participant must provide to the Tribunal and the Parties a witness statement or participant statement, respectively, on or before January 24, 2025, or the witness may not give oral evidence at the hearing. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.

13. Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; but the Party calling them must file a brief outline of the expert’s evidence, as in Section 14.

14. On or before January 24, 2025, the Parties shall provide copies of their expert witness statements (full disclosure including reports) to the other Parties.

15. On or before February 7, 2025, the Parties may provide to all other Parties a written response to any written evidence.

16. On or before February 7, 2025, the Parties shall advise the Tribunal of whether any hearings dates scheduled for this matter may be released from the Tribunal's calendar. This request may only be made on consent of all of the Parties. If no hearing dates are intended to be released from the Tribunal's calendar, no Party is required to advise the Tribunal anything further in that regard.

17. On or before February 21, 2025, the Parties shall provide copies of their visual evidence to all of the other Parties. The Tribunal and all Parties shall be notified if a model will be used, all Parties must have a reasonable opportunity to view it before the scheduled commencement of the hearing.

18. A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. Such a motion shall be in accordance with the Tribunal’s Rule 10, which requires that the moving Party provide copies of the motion to all other Parties at least 15 days before the Tribunal hears the motion.

19. A Party who provides a witness’ written evidence to the other Parties must have the witness attend the hearing to give oral evidence, unless the Party notifies the Tribunal at least 7 days before the hearing that the written evidence is not part of their record.

20. On or before February 21, 2025, the Parties shall prepare and file a detailed Work Plan that identifies the following, at a minimum: the identified Parties participating in the Hearing Event, preliminary matters (if any to be addressed), the date a witness is intended to attend the Tribunal, the identified witness name/expertise, and the approximate time allotted for Examination in Chief, Cross Examination and any re-examination (if any) (the “Work Plan”). The Work Plan should be adhered to guide the Hearing Event to the best ability of all the Parties, and any and all witnesses shall be available on the identified date(s), unless otherwise directed by the Tribunal. The Tribunal may, at its discretion, change or alter the Work Plan throughout the Hearing Event.

21. The Parties shall prepare a Joint Document Book on or before February 21, 2025, and which one (1) hard copy will be filed with the Tribunal as soon as practicable in advance of the Hearing. All Parties must be served with the Joint Document Book in paper or an accessible electronic format in accordance with Section 23.

22. If the applicant intends to seek approval of a revised proposal at the hearing, the applicant shall provide copies of the revised proposal, including all revised plans, drawings, proposed instruments, updated supporting documents and reports, to the other Parties on or before November 29, 2025. The applicant acknowledges that any revisions to the proposal after that date without the consent of the Parties may be grounds for a request to adjourn the hearing.

23. All filing of documents and materials shall be electronic to the Tribunal, the Parties and Participants (if any). The Tribunal will be provided a hard copy of documents and materials in advance of the hearing event as soon as practicable. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by the Rule 7. All documents to be filed with the Tribunal shall be organized, tabbed and digitally searchable and such materials will be filed in accordance with directions contained in the Tribunal’s Video Hearing Guide, dated July 2, 2020, or as may be amended. Section 23 applies regardless if the hearing event is in-person or electronic.

24. No adjournments or delays will be granted before or during the hearing except for serious hardship or illness or as permitted by Section 22. The Tribunal’s Rule 17 applies to such requests.

25. The Tribunal may conduct mediation on consent of all Parties, on consent of those Parties who wish to participate in mediation, or if the Tribunal sees fit.

26. The purpose of this Procedural Order and the meaning of the terms used in this Procedural Order are set out in Attachment 5.

This Member is not seized.

So orders the Tribunal.

ATTACHMENT 1

SUMMARY OF DATES

DATE EVENT

November 29, 2025 Last date to provide copies of revised proposal, including all revised plans and drawings (if any)

December 13, 2025 Exchange of witness lists (names, disciplines and order to be called)

December 20, 2025 Last date to challenge identification of expert witness

January 17, 2025 Experts meeting prior to this date

January 17, 2025 Agreed Statement of Facts

January 24, 2025 Exchange of Witness Statements, summoned witness outlines, Expert Reports and Participant Statements

February 7, 2025 Exchange of Reply Witness Statements (if any)

February 7, 2025 Parties to Advise Tribunal if any hearing dates are to be released from the hearing calendar (if any)

February 21, 2025 Exchange of visual evidence (if any)

February 21, 2025 Final Work Plan filed with the Tribunal

February 21, 2025 Finalize Joint Document Book

March 10, 2025 Hearing commences

ATTACHMENT 2

LIST OF PARTIES AND PARTICIPANTS

A. PARTIES

Counsel/*Agent

1934 – 1938 Bloor St. W. Ltd. & 1930 Bloor St. W. Ltd.

David Bronskill Goodmans LLP Bay Adelaide Centre - West Tower 333 Bay Street, Suite 3400 Toronto, ON M5H 2S7 David Bronskill Email: dbronskill@goodmans.ca Tel: 416.597.4299

City of Toronto

Ray Kallio and Uttra Gautam City of Toronto, Legal Services Metro Hall, 26th Floor 55 John Street Toronto, Ontario M5V 3C6 Ray Kallio Email: ray.kallio@toronto.ca Tel: 416.397.4063 Uttra Gautam Email: uttra.gautam@toronto.ca Tel: 416.396.7986

B. PARTICIPANTS

Di Grappa, Susan (416) 236-7582 sdigrappa@gmail.com

Holubec, Lenka (416) 762-9808 lenkaholubec@yahoo.ca

Jardine, Diana (416) 453-9195 dljardine17@gmail.com

Lazarus, Barbi (416) 551-0846 palapi29@gmail.com

Townsend, Chris (416) 760-8191 chris_townsend@sympatico.ca

ATTACHMENT 3

ISSUES LIST

NOTE: The identification of an issue on the Issues List does not constitute an acknowledgement by the Tribunal or any Party that the issue is either relevant or appropriate. The identification of an issue on this list by a Party indicates that Party’s intent to lead evidence or argue that the issue is relevant to the proceeding, for the purpose of fairly identifying to the other Parties the case they need to meet and shall not be construed as the Tribunal have jurisdiction over such matters in each circumstance. Accordingly, no Party shall advance an issue not identified on the Issues List without leave of the Tribunal.

A. City of Toronto

Planning Act

1. Does the proposed development have regard for the matters of Provincial interest set forth in Section 2 of the Planning Act, including:

a. 2(a) – the protection of ecological systems, including natural areas, features and functions; as it relates to supporting and enhancing natural heritage features

b. 2(h) – the orderly development of safe and healthy communities; as it relates to scale of development, complete communities, and site organization

c. 2(j) – the adequate provision of a full range of housing, including affordable housing; as it relates to provision of affordable housing

d. 2(r) – the promotion of built form that is well-designed, encourages a sense of place, and provides for public spaces that are of high quality, safe, accessible, attractive, and vibrant

2. Does the proposed development have regard for any information and material received by City Council, as required by Section 2.1(2) of the Planning Act?

Provincial Planning Statement 2024

3. Are the proposed development and Zoning By-law Amendment consistent with the Provincial Planning Statement (2024) as required by Section 3(5)(a) of the Planning Act, including, but not limited to, policies 2.1.6, 2.2.1, 2.3.1.3-4, 2.4.1, 2.4.2.3, 2.4.2.6, 2.9.1, 3.1.5, 3.9.1, 4.1.1-2 and 6.1.1, 6.1.5, 6.1.8, 6.1.11, 6.2.1, reading the Provincial Planning Statement (2024) in its entirety and applying the relevant policies?

City of Toronto Official Plan

4. Does the proposed development and Zoning By-law Amendment conform with the policies of the City of Toronto Official Plan, including, but not limited to, the following Sections:

   1. 2.2.3.5
   2. 3.1.1.2
   3. 3.1.1.6
   4. 3.1.1.15
   5. 3.1.1.17
   6. 3.1.1.22
   7. 3.1.3.5
   8. 3.1.3.6-12
   9. 3.1.3.1.b)
   10. 3.2.1.13
   11. 3.2.1.6
   12. 3.4.1.h
   13. 3.4.19-20
   14. 4.2.2

5. Does the proposed development have appropriate regard for, and meet the intent and purposes of, the applicable City of Toronto Guidelines, particularly:

a. Tall Building Design Guidelines;

i. 1.3(c)-(d)

ii. 1.4

iii. 1.5

iv. 1.6

v. 2.1(b), (c), (e), (h)

vi. 2.3(l)

vii. 2.5(a), (d), (f)

viii. 3.1.1(a), (c), (d)

ix. 3.1.2(b)

x. 3.1.4(a), (d)

xi. 3.2.1(a)-(b)

xii. 3.2.2(a)-(d)

xiii. 3.2.3(a)-(f)

xiv. 4.1

xv. 4.2

xvi. 4.3

b. Growing Up: Planning for Children in New Vertical Communities;

i. 2.1(a), (c)

ii. 2.2(a)

iii. 2.3 (a), (d)

iv. 2.8 (a), (b)

v. 3.0(a), (b)

c. Streetscape Manual;

i. Bloor Street West

d. Pet Friendly Design Guidelines for High Density Communities;

i. 4.1.1(a), (b), (f)

ii. 4.2.1

iii. 4.6.1(e)

iv. 4.10

e. Complete Streets Guidelines?

i. 4.1

f. Toronto Green Standards?

i. EC 1.1

ii. EC 1.2

iii. EC 2.3

iv. EC 5.1

g. Bird Friendly Guidelines? and,

h. Mid-Rise Building Performance Standards?

Housing

1. Does the proposed development provide for affordable housing units?

Built Form and Public Realm

1. Does the proposed development represent good and appropriate land use planning and urban design, having regard to matters such as:

   1. Fit with the existing and planned context;
   2. The built form, massing and scale, building heights and design, including the impact on:

(i) The appropriateness of the proposed building height, scale, built form and massing and fit of the development given the size of the site within the existing and planned context

(ii) Whether the proposed floor plate, setbacks, step backs and separation distances are appropriate with regard to shadow and sky view impact on the public realm, High Park and adjacent properties?

(iii) Whether the proposed shadowing is appropriate;

(iv) Gradual transition in relation to the scale and character of the surrounding area, including the building to the east; and,

(v) Skyview and sunlight penetration into the public realm, including streetscape;

3. Providing a well-defined and articulated base building;
4. Providing adequate landscaping and green infrastructure at grade;
5. Improving the public realm on Bloor Street West and Quebec Avenue;
6. Avoiding expansive blank walls.

Transportation and Parking

1. Are the proposed access, loading areas, and underground parking along Quebec Avenue appropriate?

2. Has the pedestrian access along Quebec Avenue been prioritized?

Site Specific Issues

1. Has an appropriate tenant assistant plan for the 12 impacted rental replacement dwelling units been prepared?

Conditions

1. If the proposed development is approved, in whole or in part, issuance of the Tribunal's Final Order be withheld until the Tribunal has received confirmation from the City Solicitor that:

   1. The final form and content of the draft Zoning By-law Amendments are to the satisfaction of the City Solicitor and Executive Director, Development Review;
   2. The owner has provided a revised Functional Servicing Report, Stormwater Management Report, Municipal Servicing and Grading Plan, and any other reports or documents deemed necessary in support of the development to the City for review and acceptance by the Chief Engineer and Executive Director, Engineering and Construction Services. These reports shall determine whether the municipal water, sanitary, and storm sewer systems can support the proposed development and whether upgrades or improvements of the existing municipal infrastructure are required;
   3. The owner has entered into a financially-secured agreement for the construction of any improvements to the municipal infrastructure, at the owner's sole expense, should it be determined that upgrades are required to support the development as identified in the accepted Functional Servicing and Stormwater Management Reports or any other reports accepted by the Chief Engineer and Executive Director, Engineering and Construction Services; and
   4. Necessary studies, including those related to pedestrian level wind impacts, sun shadow, natural heritage impact study have been updated and their recommendations addressed to the satisfaction of the Executive Director, Development Review.

ATTACHMENT 4

ORDER OF EVIDENCE

NOTE: Where Parties of like interest have issues in common, they shall make reasonable efforts to coordinate their examinations-in-chief and cross-examinations so as to minimize any duplication or overlap of evidence.

1. 1934 – 1938 Bloor St. W. Ltd. & 1930 Bloor St. W. Ltd.

2. City of Toronto

3. 1934 – 1938 Bloor St. W. Ltd. & 1930 Bloor St. W. Ltd. (reply if any)

ATTACHMENT 5

Purpose of the Procedural Order and Meaning of Terms

Party is an individual or corporation permitted by the Tribunal to participate fully in the hearing by receiving copies of written evidence, presenting witnesses, cross-examining the witnesses of the other Parties, and making submissions on all of the evidence. If an unincorporated group wishes to become a Party, it must appoint one person to speak for it, and that person must accept the other responsibilities of a Party as set out in the Order. Parties do not have to be represented by a lawyer, and may have an agent speak for them. The agent must have written authorization from the Party.

NOTE that a person who wishes to become a Party before or at the hearing, and who did not request this at the Case Management Conference, must ask the Tribunal to permit this.

Participant is an individual, group or corporation, whether represented by a lawyer or not, who may attend only part of the proceeding but who makes a written statement to the Tribunal on all or some of the issues in the hearing in accordance with Rule 7.7 of the Tribunal’s Rules of Practice and Procedure.

NOTE that such persons will likely not receive notice of a mediation or conference calls on procedural issues. They also cannot ask for costs, or review of a decision as Parties can.

Written and Visual Evidence:

Written evidence includes all written material, reports, studies, documents, letters and witness statements which a Party intends to present as evidence at the hearing. These must have pages numbered consecutively throughout the entire document, even if there are tabs or dividers in the material.

Visual evidence includes photographs, maps, videos, models, and overlays which a Party intends to present as evidence at the hearing.

Witness Statements:

A witness statement is a short written outline of the person’s background, experience and interest in the matter; a list of the issues which the witness will discuss and the witness’ opinions on those issues; and a list of reports that the witness will rely on at the hearing.

An expert witness statement should include the expert’s (1) name and address, (2) qualifications, (3) a list of the issues he or she will address, (4) the witness’ opinions on those issues and the complete reasons for the opinions and (5) a list of reports that the witness will rely on at the hearing.

A participant statement is a short written outline of the person’s or group’s background, experience and interest in the matter; a list of the issues which the participant will address and a short outline of the evidence on those issues; and a list of reports, relied upon, if any, which the participant will provide to the Tribunal for consideration of the written statement at the hearing.

Additional Information:

Summons: A Party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons. This request must be made before the time that the list of witnesses is provided to the Tribunal and the Parties (see Rule 13 on the summons procedure). If the Tribunal requests it, an affidavit must be provided indicating how the witness’ evidence is relevant to the hearing. If the Tribunal is not satisfied from the affidavit, it will require that a motion be heard to decide whether the witness should be summoned.

The order of examination of witnesses: is usually direct examination, cross-examination and re-examination in the following way:

• direct examination by the Party presenting the witness;
• direct examination by any Party of similar interest, in the manner determined by the Tribunal;
• cross-examination by Parties of opposite interest;
• re-examination by the Party presenting the witness; or
• another order of examination mutually agreed among the Parties or directed by the Tribunal.

1409-5269-0960